Help please.is this a statue barred debt.

[Major Disaster]

Hi , im looking for some advice as I have had a court claim form in the post for a debt,from 2005. here are the particulars of the claim... he claiments clain is in respect of a credit facility 44...***..567,provided by black horse ltd at the defendants request on 29/09/2005 .failiure to meet requests for payment resulted in the account being defaulted.on 28/07/2011, all leagal and benificial interest for tthe monies was assigned to hillesden securities ltd.The defendent was duly notified in writing of the assignment and that a balance of 1394.71 was due.the balance of 1394.71 remains owing from the defendent.

i also had a letter that came at the same time with the claim form from DLC saying "Notice of default sums, litigation cost(debtor) £80..

from what ive been reading about debt should this not be a statue barred debt?

please help im unsure were to go next, . I have logged onto moneyclaim.gov and aknowleged the service so i get 28 days instead of 14.

Many thanks.. MD

[ostell]

Re: Help please.is this a statue barred debt.

What was the "credit facility"? Was it loan, overdraft or whatever?

When was the last time you made any payment?

[jon1965]

Re: Help please.is this a statue barred debt.

When was the last payment made in the account, there needs to be at least 6 clear years. First thing you need to do is send a cca request off to hillsden and a cpr request for the documents in the claim only so that is the agreement notice of assignment and default notice. I am sure someone with more expertise will be along soon.

[nemesis45]

Re: Help please.is this a statue barred debt.

Hi welcome to LB,

Statute Barred in England AND Wales, = 6 clear years with no payments or unequivocal written acknowledgement of the debt.
The 6 year clock starts ticking ( simple contracts e.g. Credit Cards) the date when a contractual payment was due and not made after which no further payment or written acknowledgment is ever made: i.e. 1 month after the last payment.

For loans/current accounts / overdrafts the clock starts when the creditor can first demand immediate payment of the full amount outstanding. (for absolute certainty ) the default date.

Therefore if no payment or acknowledgment was made in more than 6 years after the default date and before the claim was issued the debt will be statute barred.
Immediate things to do:
1. A CCA request to Hillesden for a copy of the agreement relevant to the debt: £1 statutory fee payable, use a cheque or postal order clearly endorsed " For Statutory Fee Only" Hillesden has 12 + " WORKING Days to Comply. There is a template in the Forum library for this.
2. A request made under Civil Procedure Rule 31.14 this goes to a solicitor ( if one is named on the claim otherwise to Hillesden) this is for the documents mentioned in the particulars of claim. e.g,. Notice of Assignment, Default Notice. I see that no agreement has been mentioned in the POC a Hillesden trick used before when they don't have the documents immediately to hand. There is no fee for this request. Template in the forum library

Use signed for post.

Can you give us some history as to how the debt has got to the litigation stage.

nem


Some information Please:

What type of account is this?








.

[Major Disaster]

Re: Help please.is this a statue barred debt.

Thank you all so much for the prompt replys.. I am not entirley certain what the debt was for. I Dont think it was a loan, it was possibly for furniture. It was at a time i was unwell with depression and i also suffer from IBS which also contributes to the depression. As far as i know no payment was ever or has been made to this debt ever. Nem when you say " what type of account" do you mean bank account or something?
Many thanks
MD

[jon1965]

Re: Help please.is this a statue barred debt.

The Cca request is doubly important then to find out just what it was for. I suspect it will take them a while at least to produce it. It will be really important to gather your evidence and submit everything in time.

[nemesis45]

Re: Help please.is this a statue barred debt.

Thank you all so much for the prompt replys.. I am not entirley certain what the debt was for. I Dont think it was a loan, it was possibly for furniture. It was at a time i was unwell with depression and i also suffer from IBS which also contributes to the depression. As far as i know no payment was ever or has been made to this debt ever. Nem when you say " what type of account" do you mean bank account or something?
Many thanks
MD

Hi MD, is this a Credit Card/ Loan/ current account/overdraft account.
If it was a loan do you know if/when the creditor first demanded Immediate Payment in Full ?
Is this on your credit reference files? If you have not checked try Noddle from Call Credit it's free
online.



nem

[Major Disaster]

Re: Help please.is this a statue barred debt.

Hi all. Ok I think it was credit for some furniture at the time. I have tried signing up to noddle but it is asking for card details and i dont have any cards. So do i send off a cca request to hillsden and a cpr requeat to the solicitor they are using which is Aplins ?

[nemesis45]

Re: Help please.is this a statue barred debt.

CPR to Alpine, CCA to Hillesden, correct!!
nem

[Major Disaster]

Re: Help please.is this a statue barred debt.

Hi All, I have filled out the cpr and cca requests using the templets from the forum,the CCA seems straight forward but the CPR mentions you should only ask for what they have mentioned in the POC, in respect of that can someone just check i have done this right , the POC is in my original post at the top of this thread,
Many thanks
MD

**********
*********
*********
*********


7th July 2015


Hillesden Securities Ltd
Buckingham Road
Brackley,Northants
NN13 7DN




Dear Sirs,


Claim Number: **********


Request for documents mentioned in a statement of case under CPR 31.14


On 03/07/2015 I received a County Court claim from yourselves of which I have acknowledged


receipt indicating my intention to defend in full.


To enable me to file my defence and/or counterclaim, I require inspection of documents you


mention in your statement of case ahead of filing my defence.


1. Default Notice
2. Assignment


In accordance with CPR 31.15(c) I undertake to be responsible for your reasonable copying


costs incurred in complying with this CPR 31.14 request.


You should note that this claim has not yet been allocated to a specific track and the


provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCBC the


Claimant would have been obliged to attach copies of the documentation upon which it relies to


the Particulars of Claim. I , as Defendant, am entitled to see the documents on which the


Claimant relies and which you will have to produce at trial. Disclosure at this stage will


enable me to fully plead my case and further the Overriding Objective.


You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have


requested are copied to and received by me within 7 days of receiving this letter.


If you require more time in which to comply with this request you must tell me in writing and


confirm your agreement to an extension of the time allowed for me to file my defence as


allowed under CPR 15.5 so I may notify the court.


I look forward to hearing from you.


Yours sincerely

[jon1965]

Re: Help please.is this a statue barred debt.

Wasn't it established that the CPR had to go to Aplins ( as opposed to a soft drink manufacturer http://www.doyouremember.co.uk/memor...ne-soft-drinks )

[FlamingParrot]

Re: Help please.is this a statue barred debt.

Hi All, I have filled out the cpr and cca requests using the templets from the forum,the CCA seems straight forward butthe CPR mentions you should only ask for what they have mentioned in the POC, in respect of that can someone just check i have done this right , the POC is in my original post at the top of this thread,

That is correct. From the items highlighted on the PoC below, you can request:

• The credit agreement
• The default notice
• The notice of assignment

Hi , im looking for some advice as I have had a court claim form in the post for a debt,from 2005. here are the particulars of the claim... he claiments clain is in respect of a credit facility 44...***..567,provided by black horse ltd at the defendants request on 29/09/2005 .failiure to meet requests for payment resulted in the account being defaulted.on 28/07/2011, all leagal and benificial interest for tthe monies was assigned to hillesden securities ltd.The defendent was duly notified in writing of the assignment and that a balance of 1394.71 was due.the balance of 1394.71 remains owing from the defendant.

i also had a letter that came at the same time with the claim form from DLC saying "Notice of default sums, litigation cost(debtor) £80..

from what ive been reading about debt should this not be a statue barred debt?

please help im unsure were to go next, . I have logged onto moneyclaim.gov and aknowleged the service so i get 28 days instead of 14.

It would only be statute barred if there had been no payments or written acknowledgment in six years. If you only defaulted in 2011, that wouldn't be the case.

[FlamingParrot]

Re: Help please.is this a statue barred debt.

7th July 2015

Hillesden Securities Ltd
Buckingham Road
Brackley,Northants
NN13 7DN

Wasn't it established that the CPR had to go to Aplins ( as opposed to a soft drink manufacturer http://www.doyouremember.co.uk/memor...ne-soft-drinks )

Yes, the CPR request always goes to the solicitors rather than the claimant, it would be the solicitors who are progressing the matter in court and they are responsible for complying with that request. Their full details should be under 'address for correspondence and documents', second box down on the left hand side of the claim form (and not on the website above ).

Only the CCA request (the one with the £1 fee) goes to Hillesden.

[Major Disaster]

Re: Help please.is this a statue barred debt.

That is correct. From the items highlighted on the PoC below, you can request:

• The credit agreement
• The default notice
• The notice of assignment

It would only be statute barred if there had been no payments or written acknowledgment in six years. If you only defaulted in 2011, that wouldn't be the case.

Thanks FP, something is not right here then because how can it be started in 2005 and only default in 2011?

[jon1965]

Re: Help please.is this a statue barred debt.

Morning Major Disaster.
I agree with you that if you opened the account in 2005 and didn't make any payments it should have been defaulted earlier however there are several reasons as to why this may be the case, some of them perfectly reasonable some not.
if it was a buy now pay later deal.
did you make any payments, I know you mentioned your life was a bit all over the place in 2005
the original creditor may not have defaulted the account until they were ready to sell, shouldn't happen but does

once you know who the Original creditor is it may be worth sending a SAR although the results would be too late for your defence ( I believe there is a mechanism for amending defences if necessary, FP would be able to explain)
i hope I haven't confused you, I am a bit of a what if and belt n braces type of person